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Division 1 — Generally›Chapter 33›Article 6 — RESIDENTIAL ZONES

§ 33-115. Two-family dwellings in single-family residential zones and specific plans.

Escondido Zoning Code · 2026-05 edition · updated 2026-07-25 · Escondido

  • (a) Purpose. The purpose of section 33-115 is to appropriately regulate qualifying Senate Bill 9 two-family dwelling unit developments within single-family residential zones in

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City of Escondido, CA § 33-115

ESCONDIDO CODE

§ 33-115

accordance with California Government Code section 65852.21.

  • (b) For the purposes of this section and section 33-116 only, the term "two-family dwelling" shall mean two attached or detached units on single-family zoned properties, and on properties in specific plans intended for single-family residential use.

  • (c) Permit Required. Two-family dwellings shall require processing of a major plot plan application as described in division 8 of article 61 of this chapter.

    • (1) The director of development services or their designee (director) shall review complete applications for compliance with the requirements of this section and the underlying development standards in the zoning district or specific plan in which it is located, and any other applicable objective development standards stated in the municipal code. Notwithstanding language in any specific plan to the contrary, provisions of this section shall supersede where any conflict exists. The director shall ministerially approve complete applications found to be in compliance with these standards.

    • (2) The director may deny a complete application if it fails to comply with the requirements of this section, the underlying development standards in the zoning district or specific plan in which it is located, and any other applicable objective development standards stated in the municipal code. In addition to the foregoing, the director may deny an application if such denial is based upon a preponderance of evidence and the written finding of the building official that the proposed two-family dwelling project would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Notwithstanding the foregoing, an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards.

  • (d) Appeals of the director's decision shall be governed by section 33-1303.

    • (1) If the development of a two-family dwelling project requires another entitlement pursuant to the Escondido Zoning Code, the two-family dwelling project shall not be approved until that entitlement process is completed and approved. If the entitlement is not approved, the two-family dwelling project cannot be approved unless it is redesigned to eliminate the need for the denied entitlement.

  • (e) Location.

    • (1) Except as specified below, two-family dwellings shall be permitted in estate residential (R-E) and single-family residential (R-1) zones, and on properties in specific plans intended primarily for single-family residential use.

  • (2) Two-family dwellings shall not be permitted in the following locations: 

    - (A) On properties that allow as the primary use multifamily residential, commercial, industrial, agricultural, or mixed uses, regardless of the allowance of singlefamily residential uses. 

- (B) On properties described in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Government Code section 65913.4.

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City of Escondido, CA § 33-115

ZONING

§ 33-115 

  - (C) Within a historic district or upon property included on the State Historic Resources Inventory, as defined in section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic resource or district pursuant to a city or county ordinance. 

  - (D) On parcels requiring demolition or alteration of any of the following types of housing: 

     - i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 

     - ii. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. 

     - iii. Housing that has been occupied by a tenant in the last three years. 

  - (E) On parcels which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 

  - (F) On parcels with legal nonconforming uses or structures unless development of the two-family dwelling brings the property into conformance.

  • (f) Objective Development Standards. The development standards set forth below shall apply to all two-family dwellings. Any development standard not explicitly identified below shall be subject to the underlying zoning designation or specific plan, and all applicable provisions of this code, unless superseded by Government Code sections 65852.21, 66411.7, and 66452.6.

    • (1) Unit Size:

      • (A) The minimum unit size of any unit created as part of a two-family dwelling shall be 400 square feet.

      • (B) Except as described below, no new unit constructed as part of a two-family dwelling may exceed 800 square feet.

        • i. New units may be up to 1,200 square feet if they meet all of the following requirements:

          • a. The parcel on which the two-family dwelling is located is in the R-E or R-1 zone and has a lot size of at least one and a half (1½) times the minimum size otherwise permitted in the zone.

          • b. No accessory dwelling unit or junior ADU exist on the parcel.

          • c. A deed restriction is recorded prohibiting the construction of an ADU or junior ADU on the parcel.

          • d. Existing and new dwelling units shall each have two covered parking spaces.

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City of Escondido, CA

ESCONDIDO CODE

§ 33-115

§ 33-115 

     - e. An attached or detached garage or covered parking space(s) associated with the 1,200 square foot unit does not exceed 450 square feet. 

     - f. Existing and new dwelling units shall meet the minimum setbacks in the underlying zone. 

     - g. Addition of the new unit does not result in the parcel being out of compliance with the maximum floor area ratio and lot coverage for the underlying zone. 

  - ii. New units may be up to 1,500 square feet if they meet all of the following requirements: 

     - a. The parcel on which the two-family dwelling is located is in the R-E zone and has a lot size of one and one half (1½) times the minimum size otherwise permitted in the zone, or is in the R-1 zone and has a minimum lot size of 20,000 square feet. 

     - b. The unit satisfies all requirements identified in subsections b through g of section 33-115(f)(1)(B)i. 

  - iii. New units may be up to 2,000 square feet if they meet all of the following requirements: 

     - a. The parcel on which the two-family dwelling is located is in the R-E or R-1 zone and has a lot size of at least one acre. 

     - b. The unit satisfies all requirements identified in subsections b through g of section 33-115(f)(1)(B)i.

  • (C) Any future subdivision of a parcel with a two-family dwelling project shall not cause the parcel to be out of compliance with the provisions of this subsection.

  • (2) Setbacks and Building Separation.

    • (A) Minimum side and rear yard setbacks for a two-family dwelling shall be no less than four feet.

    • (B) Section 33-104(c), projections into setbacks, shall not apply to any projects utilizing sections 33-115 or 33-116.

    • (C) For two-family dwellings constructed on properties which have frontage on streets which have not been dedicated to their ultimate width, setbacks shall be measured from the ultimate right-of-way.

    • (D) Setback requirements noted above shall not apply to a legally existing detached accessory structure that is utilized as one of the two units associated with the two-family dwelling or for a new structure constructed in the same location as a legally existing detached accessory structure.

    • (E) Detached dwelling units and associated covered parking shall be a minimum of 10 feet from each other unless all structures are single-story and not more than 16 feet in height, in which case the minimum separation shall be five feet.

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City of Escondido, CA § 33-115

ZONING

§ 33-115

  • (F) Notwithstanding subsection (E) above, all dwellings with less than 10 feet of separation shall meet the fire resistive construction requirements contained in the California Residential and Fire codes.

  • (3) Maximum Height/Stories.

    • (A) If located within the rear or side yard setback of the underlying zoning district, the two-family dwelling shall be limited to 16 feet and one story.

  • (B) If compliant with the setbacks for the underlying zoning district, the two-family dwelling shall comply with the height limitations of the underlying zoning district.

  • (4) Parking Requirements.

    • (A) At least one off-street parking space shall be provided for each new unit constructed under the provisions of this section. Said parking spaces shall be covered, and shall not be in tandem with parking spaces for any other unit on the property.

    • (B) The required parking shall be located on site with the two-family dwelling the parking is associated with.

    • (C) Parking spaces shall be designed pursuant to section 33-769. Compact spaces are not permitted.

    • (D) The foregoing parking standards shall not be required in either of the following circumstances:

      • i. The two-family dwelling is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of section 21155 of the Public Resources Code, or a major transit stop as defined in section 21064.3 of the Public Resources Code. The applicant shall be responsible for demonstrating applicability of this section; or

      • ii. There is a car share vehicle located within one block of the two-family dwelling.

  • (5) Access and Easements.

    • (A) Vehicular access from the public right-of-way shall meet the following requirements:

      • i. Driveways that provide access to two homes shall have a minimum paved width of 20 feet.

      • ii. Driveways that provide access to three homes, or that provide access to parking facilities with nine or more parking spaces, shall have a minimum width of 24 feet, unless the parking facility is served by two one-way driveways, in which case each driveway shall be at least 12 feet wide.

      • iii. All driveways shall have a height clearance of at least 13 feet six-inches, and shall be paved with cement, asphaltic concrete, or other all-weather construction material(s) and to the City Design Standards for Driveway

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City of Escondido, CA § 33-115

ESCONDIDO CODE

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▸ Contents — Escondido Zoning Code
Escondido Zoning Code
  1. Chapter 6
  2. Division 2 — Routing
  3. Division 2 — Weed and Rubbish Abatement Program
  4. ▸ Division 1 — Generally
    Overview
    1. § 11-53. Created and established.
    2. § 11-54. Purpose.
    3. § 11-55. Membership.
    4. § 11-56. Members in classified service and subject to civil se…
    5. § 11-57. Personnel to obey fire chief and rules and regulation…
    6. § 11-63. Appointment; tenure.
    7. § 11-64. Qualifications.
    8. § 11-65. Status of employment.
    9. § 11-66. General authority.
    10. § 11-67. To perform duties prescribed by city manager.
    11. § 11-68. To aid enforcement of ordinances, report violations.
    12. § 11-69. Duty to promulgate and enforce rules, regulations for…
    13. § 11-70. Authority, duty to inspect buildings, premises and or…
    14. § 11-71. Right of entry to make inspections.
    15. § 11-72. Duty to investigate fires, maintain records.
    16. § 11-73. Duty to preserve order at fires.
    17. § 11-74. Provide instruction for department in first aid, etc.
    18. § 11-75. Duty to call fire drills; purpose of drills.
    19. § 11-76. Responsible for conduct of and property of department.
    20. § 11-77. Duty to recommend disciplinary action.
    21. § 11-78. Duty to make reports; contents.
    22. § 11-79. To submit annual budget.
    23. Chapter 20
    24. Chapter 32
    25. ▸ Chapter 33
      Overview
      1. § 33-1313. Penalty provisions.
      2. Article 1 — GENERAL PROVISIONS AND DEFINITIONS
      3. Article 2 — OPEN SPACE AND HAZARDOUS LANDS GENERALLY
      4. Article 3 — OPEN SPACE (OS) ZONE
      5. Article 4 — FLOOD PLAIN (FP) OVERLAY ZONE
      6. Article 5 — OPEN SPACE DEVELOPMENT STANDARDS
      7. ▸ Article 6 — RESIDENTIAL ZONES
        Overview
        1. § 33-90. Purpose.
        2. § 33-91. Designation of single-family residential sub-zones.
        3. § 33-92. Designation of multiple-family residential sub-zones.
        4. § 33-93. General plan compatibility matrix.
        5. § 33-94. Permitted and conditional uses and structures.
        6. § 33-94 ==> picture [424 x 621] intentionally omitted <==
        7. § 33-94 ==> picture [424 x 584] intentionally omitted <==
        8. § 33-95. Permitted accessory uses and structures.
        9. § 33-95 ZONING
        10. § 33-96. Prohibited primary uses and structures.
        11. § 33-97. Property development standards.
        12. § 33-98. Parcel requirements.
        13. § 33-100 ==> picture [424 x 186] intentionally omitted <==
        14. § 33-99. Front setback.
        15. § 33-100. Side setback.
        16. § 33-102 Notes:
        17. § 33-101. Rear setback.
        18. § 33-102. Accessory building setback requirements.
        19. § 33-103. Accessory buildings and building requirements.
        20. § 33-104. Projections into setbacks (single- and multifamily z…
        21. § 33-105 shall be grown or maintained at a height or location …
        22. § 33-105. Projections into setback (R-T zone).
        23. § 33-107 - (a) Fences and walls in accordance with city codes …
        24. § 33-106. Plan approval required.
        25. § 33-107. Building requirements, generally.
        26. § 33-108. Building requirements, multifamily zones.
        27. § 33-110 included in the combination of buildings on both side…
        28. § 33-109. Parking and loading requirements.
        29. § 33-110. Supplemental parking for detached single-family homes.
        30. § 33-113 parking;
        31. § 33-111. Mobilehomes in single-family zones (excluding mobile…
        32. § 33-112. Landscaping.
        33. § 33-113. Performance standards.
        34. § 33-115 prevention.
        35. § 33-114. Small lot development.
        36. § 33-115. Two-family dwellings in single-family residential zo…
        37. § 33-115 Structural Design.
        38. § 33-116 - (A) For the purposes of this subsection, "unit" ref…
        39. § 33-116. Urban lot split.
        40. § 33-116 safety or the physical environment and for which ther…
      8. Article 9 — ANIMAL OVERLAY (AO) ZONE
      9. Article 11 — (RESERVED)
      10. Article 13 — (RESERVED)
      11. Article 16 — COMMERCIAL ZONES
      12. Article 18 — SPECIFIC PLAN (S-P) ZONE
      13. Article 19 — PLANNED DEVELOPMENT (P-D) ZONE
      14. Article 24 — (RESERVED)
      15. Article 25 — PARKING OF RECREATIONAL VEHICLES IN RESIDENTIAL Z…
      16. Article 26 — INDUSTRIAL ZONES
      17. Article 27 — EMERGENCY SHELTER OVERLAY
      18. Article 30 — HAZARDOUS CHEMICAL OVERLAY (H-C-O) ZONE
      19. Article 31 — SEWAGE TREATMENT PLANT (S-T-P) OVERLAY ZONE
      20. Article 32 — BED AND BREAKFAST FACILITIES
      21. Article 33 — RECYCLING FACILITIES
      22. Article 34 — COMMUNICATION ANTENNAS
      23. Article 35 — OUTDOOR LIGHTING
      24. Article 36 — CARGO CONTAINER RESTRICTIONS
      25. Article 37 — PUBLIC ART
      26. Article 38 — MASSAGE ESTABLISHMENTS
      27. Article 39 — OFF-STREET PARKING
      28. Article 40 — HISTORICAL RESOURCES
      29. Article 41 — SENIOR HOUSING
      30. Article 42 — ADULT BUSINESSES
      31. Article 43 — ABANDONED SERVICE STATIONS
      32. Article 44 — HOME OCCUPATIONS
      33. Article 45 — MOBILEHOME PARKS
      34. Article 46 — TRAVEL TRAILER PARKS
      35. Article 47 — ENVIRONMENTAL QUALITY
      36. Article 48 — RELOCATION OF BUILDINGS
      37. Article 49 — AIR SPACE CONDOMINIUM AND COMMUNITY APARTMENT PRO…
      38. Article 52 — FREEWAY SIGN CONTROL
      39. Article 55 — GRADING AND EROSION CONTROL
      40. Article 56 — MISCELLANEOUS DEVELOPMENT STANDARDS
      41. Article 57 — MISCELLANEOUS USE RESTRICTIONS
      42. Article 58 — DEVELOPMENT AGREEMENTS
  5. Division 1
  6. Division 2 — Variances and Administrative Adjustments
  7. Division 3 — Nonconforming Uses and Structures
  8. Division 4 — Amendments and Zone Changes
  9. Division 5 — Reasonable Accommodation
  10. Division 6 — Public Hearings, Notices, Fees and Appeals
  11. Division 7 — Enforcement and Penalties
  12. Division 8 — Plot Plans
  13. Division 9 — Zoning Administrator

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